Town Board - Regular Meeting

You good? Okay. I'd like to call regular meeting number 16 of 2026 of the town board to order and ask the clerk to read the roll.

Councilman Degatti?

Here.

Councilman Kilmer? Here. Councilman Garcia?

Excuse.

Councilwoman Diehl? Here. Supervisor Marston?

Here. Tonight's invocation will be led by St. Timothy Lutheran Church Pastor Adam Ahrens and the pledge said by Councilwoman Deal. Please rise.

Holy and loving God, we call for your spirit of justice and truth to be present at this meeting today. As this body makes decisions as representatives of this community, we pray that civility and compassion guide these proceedings. As we celebrated as a nation Labor Day yesterday, we are mindful that your eye is on the sparrow. You know the hearts of all those who work and labor. You know our struggle on earth. Fill us with wisdom and keep us mindful of all residents of this community. May it indeed be so, and amen. Amen.

Next is public comments and that would be on agenda items only. There are no public hearings tonight.

So again, if it's on the agenda and you'd like to speak on it before the meeting begins, please come up. You have three minutes.

Jim Daigler, Staley Road. I wonder if I could just hand something out. Is that all right?

Is it relevant to what's going on in the agenda?

Yeah, it's regarding Gulfview or the links.

Okay, yeah, you can add them. Sure, sure.

Thank you.

So I

Actually, I'm in favor of the project out there, the PDD. I thought that the application was well-prepared, and they did have a nice treatment on an environmental impact assessment. Actually went through and identified the impacts and studied them, resolved the problems, came up with mitigations, and justified the neg debt. But when I saw the packet tonight and I saw a short EAF, I said, well, I'm back. Because my request is that for this simple preliminary flat approval is that the town actually does an environmental impact assessment and not treat Seeker as some kind of a pain in someone's rear end. What this is, is the neg deck that the town prepared For the PDD, and I don't want to get into too much detail here, but you can see that this is kind of crazy. Lead agency is the zoning code. Again. For this project, item B is the one that you wanted to fill out. Because that talks about how, oh, yeah, we did identify some impacts. And guess what? If we do this and that, then they're mitigated and they're acceptable. That's a B. That's not an A. Because there is absolutely no C-attached determination of significance, non-significance. It's not here. Now, I thought maybe this was not done yet, but this is nine months old. It's been out since December. So you can see that this is, what do they call this, an Easter egg to see if anyone's paying attention. And I brought this because I'm not sure, I know you guys look at a lot of paper. So I'm guessing you don't even see this kind of stuff, but it's ridiculous on its face. And apparently, so all I'm asking is this, on this simple project, which again, the application was great. I read, I read the shorty efforts. Oh my God, there's threatened species. I go to this other part of the application and it's all explained, all taken care of. That's that's seeker, you know, rather than get lost in the regulation, what it is is an environmental impact assessment. Thank you.

Thank you. Okay. hearing no more next up is minutes that would be approved the minutes of workshop meeting number 22 august 21st 2026 approved the minutes of workshop meeting number 23 august 24th 2026 approved the minutes of regular meeting number 15 august 24th 2026 second motion second any discussion Roll call.

Kilmer? Aye. Dugatti? Aye. Diehl? Aye. Marston?

Aye. Next is the consent agenda, which includes meeting minutes, Traffic Safety Advisory Board, June 9th, 2026. Meeting minutes, Conservation Advisory Board, July 23rd, 2026. Meeting minutes of Parks and Recreation Advisory Board, June 22nd, 2026. And the Erie Grown September Newsletter. motion to submit to accept as submitted. Second.

I'll second it.

OK. However that went. Any discussion? We'll call.

Marston?

Aye.

Dugatti? Aye. Kilmer? Aye. Diehl? Aye.

Next up is Western New York Land Conservancy Habitat Restoration Authorization. The Western New York Land Conservancy will be implementing habitat restoration activities at their gym and Edna Bravel Reserve on Vidal Road. They are seeking permission to extend their restoration activities across the Alt Boulevard Paper Street, bisecting Vidal Road. A motion to authorize the supervisor to approve the request.

Second. Second.

Motion, second. Any discussion? Roll call.

Diehl? Aye. Dugati? Aye. Kilmer? Aye. Meyers?

Aye. Next, a resolution adopting a complete streets policy for the town of Grand Island. So it's rather wordy. I will just make a motion to adopt it as written.

Second.

Motion second. Any discussion? We'll call.

Marston.

Aye.

Diehl. Aye. Tagati. Aye. Kilmer.

Aye. Next, Councilman Kilmer. Aye.

Where are you? Five, six, seven, eight.

Oh, I've got a motion and a second.

Second. OK, motion and second. Table, any discussion? We'll call.

Kilmer?

Aye.

Dugatti? Aye. Diehl? Aye. Myers?

Aye. Next, town clerk. Patricia Patricia Anderson pencil authorized supervisor to sign agreement your county SPCA the test is a 2627 SPCA updated animal control officer dog control officer agreement I'm requesting that the supervisor be authorized to sign the agreement for the term covering October 1st 2026 through September 30th 2027. I can if it makes sense. I'll make the motion.

Second.

Okay.

Motion.

Second. Any discussion?

This is an annual. Yeah. Standard annual thing.

Yep. We'll call.

Marston.

Aye.

Diehl. Aye. Dugatti. Aye. Kilm.

Aye.

Mr. Godfrey, you are up next and I will leave the good news to you. to discuss this resolution. Local law. Oh, we have to set a public hearing. Never mind. I won't let you do that.

Yeah.

Yeah.

So I think I'm trying to think of when's the next town board meeting? 21st. Should we go that soon or should we get it out to get past our meetings?

I thought that it had a date in here.

So the resolution is in authorization that the town would need in advance of adopting certain budgets. So it's set up for a hearing at the town board's meeting in two weeks from tonight. It would have to be adopted before a budget is approved. But I put it on for next week at the next meeting.

21st.

21st at 8 p.m. And you don't have to have the budget done by then, but if you know the direction of the budget setting, you may want to have that in your tool card.

Okay. So I guess a motion is in order to set the public hearing for September 21st at 8 p.m. Second. Motion second. Any discussion? Keep in mind, this doesn't mean we have to. It's just setting up the public hearing. roll call daddy hi deal hi kilmer all right marston hi okay next from uh engineering and water resources robert westfall merkeley upgrades fence paving job number m dash 202 dash 2023 Town Board attached you will find the quote from Gould Painting, Western New York for $2,980 for the repainting of three benches at the Miracle League Complex. This repainting work is included in the $1.1 million municipal agreement for Miracle League upgrades. We hereby request authorization to approve Gould Painting, Western New York quote for bench painting of $2,980.

Is this a different, I'm sorry, second. Is this a different?

How about you make the motion and somebody else second?

You did make the motion? No, I just read. Also.

Yeah, there you go. Okay, discussion.

Go ahead. The 1.1, very controversial. That's not the same as the drainage. It's different than the drainage. This is different. Correct. Okay, automation.

This is the one, though, that includes the rest of the work on, Miracle-East.

This is Miracle-East. That's one of my questions. We gave a number. Now there's less than that number. I don't have that answer. I don't have that answer. I don't have that answer.

I didn't get that answer yet.

Logic would dictate the answers, yes. Yes.

We can't keep spending that money if we spend money. We already spent that money. It should be zero, though. Right? That's how I would consider it.

I mean, I assume not, because if engineering put it through, it would be distracted.

My point is, if there's a foreign... Unless it was in... There were a couple of things that...

this may be sure to say that it could there were a couple of things taken out before the balance of 477 yes there was a list of outstanding items but they were still deducted from the total but i could not confirm that today before this vote

I'll be honest, it was 50 grand. I would be really concerned about it. I'm less concerned about $2,980. That would be a big swing.

No, no. All I was saying is we've already balanced the splash park where everybody's allocated. I want to keep pecking away at it, and then we won't even have to be allocated.

I understood. Do you think the number is the moving target?

It is 50 grand.

It could have been before, and if not, I'm giving it enough trust in the agency that taking the benches are necessary. But I just don't want to run the account.

And keep in mind, to me, it's covering both of the brands anyways. You can't just go and add anything they want. We'll call.

Kilmer?

Yes.

Degady? Aye. Diehl? Aye. Marston?

Aye. Again, from Engineering Attached. Please find the proposed plan, application, and secret forms for the above-reference project comprised of 60 single-family residences and 220 dwelling units in 55 townhouse structures. The project received a rezone to PDD. and development concept approval previously. The action of the land subdivision must now follow subdivision regulations. First step being application of primary plat. A public hearing regarding the preliminary plat needs to be scheduled as well as referral to the planning board and any other advisory boards the town board identifies. The fees have been paid and I recommend that it be referred to the planning board as well as a date for the public hearing be set. So I would make a motion to refer this to the planning board. I think in light of Mr. Daigler's comments, the conservation advisory board and set a public hearing. Now I would prefer to actually go out to meetings if it does. Well, so the first, actually it should be the second one in October, so it makes the planning board, because it did not make this agenda for the planning board.

The planning board is slipping. I believe they would keep it before they meet, so they have an opportunity. Okay, that's fair. So if they do it the first one in October, they'll be able to have confidence.

Okay. Pick the date. October, what is it?

The October 7th.

with the first one and then the planning board meeting.

We can leave it open.

That's correct.

I think that's wrong. October 5th at 8 p.m. So I need a motion. Second. Motion second. Any more discussion?

All discussion I have is that this stuff is filled out by Mr. Davis and That needs to be...

But that was... That was from when they... It was a separate action.

Right.

So they have some updates.

We have referred this action to his board directly.

I guess it's just... I guess it's just... She wants us to stop and work.

That's one we... I guess to Jim's point, that one was already approved.

Yeah. Yep. That's the building.

Okay.

Roll call.

So just to be clear, it's going to the planning board and cab?

Conservation.

Yeah.

Yep.

Yep.

Marston?

Aye.

Dugatti? Aye. Kilmer? Aye. Diehl? Aye.

Next in the court enforcement office, special use permit. Jacqueline Weld, 1235 Ransom Road, home occupation, personal trainer, set public hearing and refer to the planning board. So make a motion to refer this to the planning board and set the public hearing for, again, next meeting?

September 21st.

September 21st at 8 p.m. So I guess I'll make that motion.

Whoever made it. That's all right.

Any discussion? We'll call.

Deal. Aye. Degadi. Aye. Kilmer. Aye. Marston.

Aye. I'm next from the town account green bronze authorized supervisor signed contracts municipal electric and gas alliance which is mega she has supplied you with the contracts motion to authorize the supervisor to execute these.

Is this going to be.

pending legal review.

So.

I guess. I only have one motion for the deal. She said second. All right, second. Peter, have you had an opportunity to go to one of the settings at times?

Yes.

Yeah, I did. And I was concerned that they hadn't previously been approved by the board.

All right, good.

There was a direction to authorize the town to negotiate the agreement with the the name of the entity change went from mega and these have nrg on them i think it's that they they subcontract through energy so there's like a couple of things that um i understand the board is aware of they're a little bit different from the workshop meeting where the board was originally kicking this around well i think it is this because of the electricity constellations so Yeah, the other issue, the prior resolution was to align the effective date of the disagreement with getting out of another purchasing cooperative that we're in.

That was a motion.

What's that?

That was a motion allowed.

Right, but this, I'm not sure that there's been a specific resolution. yeah sorry that's exactly what i'm talking about 30 days yeah that's exactly right no it would have to be so september yeah there was a workshop meeting to basically where the board said in concept this is okay and then uh there was a question as to whether people would sign a document so the agreement itself needs to be on a town board um So that's, I think, why Corinne put it on the agenda. But then there is a related piece of it. The effective date of this agreement, I think, is 31st of last year. So if you wanted to say maybe revise the resolutions to the major issue is to discontinue the existing at the same time this starts. The form of the contract is essentially their standard form and it's okay as long as the board is, you know, it's obviously pros and cons with purchasing energy in this way. If the board wants to do it, that's fine. But the effective date, we don't want to have obligations to two different cooperatives simultaneously. So aligning the effective date is the only issue that I see. If you wanted to consider amendment of the resolution to authorize this to be effective contemporaneously with the termination of the existing cooperative arrangement and to authorize me, I don't care who, to give notice to the jury under the existing agreement. I think that might work.

Sorry, I know what the thing's about. Okay, so the amended motion is seconded out there. So am I signing this or what?

And as soon as we get out, the only issue that could come up is if they say that we can't hold the rates anymore, which is what Karen was worried about. It depends how quickly we get out of the cooperative one.

Okay.

I got I have.

Okay, let's get Yeah.

Roll call.

Deal. I got it. Like Kilmer.

All right.

Marston. All right.

See the key.

Contract would be with NRG, not mega.

So you have me in constant?

Oh, I have you.

OK, fine.

I think mega . OK. Yeah, there's multiple groups involved.

Communications General. This is from Erie County Department of Environmental Environment and Planning Agricultural District Annual Enrollment Period. In 2014, the Erie County Legislature designated September 1st through September 30th each year as the annual third The 30-day period during which a landowner may request the inclusion of predominantly viable agricultural land into a certified agricultural district in accordance with Section 303-B of New York State Agricultural and Market Laws. Landowners interested in the agricultural assessment may also be interested in enrolling in agricultural district at this time. We encourage you to provide this information to anyone expressing interest in this or other agricultural programs. In order to make this information available to landowners and your municipality, we request assistance in the following steps. items uh there was a thing about municipal clerks please post the enclosed public notice in a prominent location within the town or village hall and possible if possible post on your municipality's website supervisors and mayors please read the enclosed public notice into the meeting minutes for any town or village board meetings held between now and september 30th as part of the board's record please direct those interested in enrolling to, and it shows the website erie.gov forward slash, uh, uh, A-G-E-N-R-O-L-L-M-E-N-T, where additional information and online enrollment form can be found. Should any questions arise, please contact me by phone at 716-858-6014 or by email at agriculture at erie.gov. Thank you for your anticipated cooperation and attention to this matter. Okay, well, I read it as they said. What's that? No action is needed. No action is needed. Next report from the audit committee. Looking forward to this time.

You want to just read it for me? Ready?

So I make a motion to pay out of the following funds. General fund, $171,085.61. Out of the highway fund, $27,817.08. Out of the sewer fund, $41,970.25. Out of the Water Fund, $24,203.91. Capital Project, $337,829.15. And finally, for Lighting Districts, $1,008.60 for a grand total of $603,914.60. Second. Motion to second. Any discussion?

Roll call deal.

I got it. All right. Kilmer. All right.

All right. On our unfinished business, we have a special use permit application for Jennifer Kilmer at 2101 fixed road, home occupation of a bakery that remains tabled as the planning board will hear it at their next scheduled meetings. Next is public comments. If anybody would like to come to the mic and speak and give any public comments on anything on town, Please give your name. You have three minutes.

Hank Cushing, 216 Timberlink. Surprised I'm not here about golf links. Question, was there a workshop last night? Okay, because it appeared on your site that there was one, but there was never an agenda there. There was a workshop tonight, right? There was. There was no agenda posted on the website for the agenda tonight. That's pretty sloppy. Last week, last month, under the agenda for the workshop was the agenda for the meeting, which got corrected after I called town hall to tell them that the agenda wasn't there. Very sloppy.

Very sloppy.

Okay.

Keep an eye on that. Thank you.

paul kottman 246 timberlink um appreciate you delaying the uh public hearing a month i'm not sure what the purpose is because um we can gather the residents both on east river and timberlink to speak to this town board on the same issues we've had since 2021. Unfortunately, it's difficult to get people in the community to come in front of this board knowing full well that they're being heard but not listened to. You're going to hear the same objections that you heard all of these years from the residents about this project. What amazed me tonight is that presented to this town board was a document Now, you cannot expect the average Grand Island citizen to know what PLAT, preliminary PLAT, seeker, and all of these terms are. Our expectation is that you as a town board not only know what they are, but also follow what the procedure is for implementing these documents to get to whatever the end game is. Final approval. It's clear tonight that after nine months, there's still some blanks. So to me, a public hearing, referring this to any other of your advisory board, is preliminary if, in fact, the documents are not complete. There again, you know, it's hard for residents to come up here when... it's very clear that just this thing's probably been sitting on the table for nine months. And if there is concerns, what are they and what has been done, what still needs to be done? These are all the questions that you as a town board representing us need to answer. So, How can residents actually speak at a public hearing when they know that the actual documents for all of the required things that are needed to get to the final approval, whether you say yay or nay, are not completed? It just does not make the town board look like competence is your number one goal. And I mean, it's not only myself. I hear this from neighbors. What's going on? So I encourage you not to just rubber stamp this, move it forward, get it off your plate, when in fact that 99.9% of the residents you ever represent really don't want this project. So, yes, we will bring people, whoever will be willing to once again stand before you and voice their objections, knowing full well that they're not being heard. Thank you. Thank you.

Jim Daigler. I just wanted to clarify something in terms of impacts for that project. What I have seen is they have been identified and addressed. It's not as if nothing I presented suggests that that project was not properly reviewed. I'm sorry, prepared. In other words, there was an identification. Well, I'm actually trying to address you. Maybe we can do it after the meeting.

Thank you.

Hi, Dan Oliveri, West River. There's numerous residents on West River with privacy concerns. Recent installation of cameras at staley road and west river white haven and bedell and west river also uh they want to know what what these are for and they're on town property so i'm assuming the town would have to approve them where are they it's their cameras installed on the telephone poles where are they uh staley road Whitehaven Road and Bedell Road. They look like plate readers. And they're facing directly at West River each way. Okay. You know, we want to know what these are for and if the town needs approval for these. There was a guy there today, he wired in a new box and lied to me. He said they weren't for the cameras, but cameras are wired right into it. Okay. We'd like them removed. There's numerous people, mainly on West River and other areas that are upset about this. So proceed to check into that.

Thank you.

Thank you.

Bill Daniels, 343C Warner. Two years ago, September 11th, my granddaughter was killed crossing a state road, almost two years to the day. Since then, I applaud the town for putting a light that will be so empowered at the intersection near where she was killed. The state did a study. They studied the volume of traffic on that area determined under the menu of uniform traffic control that could not put a forward stop at that location. However, under New York State Department of Motor Vehicles, they can do a study and reduce that. Three weeks ago, I was in the gym at work and there was a sheriff deputy working out with me. He was at the scene two years ago when my granddaughter was killed. It was a bloody mess. I'll leave it at that. He said in his opinion, it'd be great if the state did what they did at West River, reduce it down to one lane each way. He patrols the town for six years. He's got experience. But we need a resolution for a highway design study before anything can get done. I applaud what's been done so far. I'm grateful to see there's a resolution for a police street study as well. I haven't seen it yet. I think I gave it to you guys, one from North Town of Wanda City. Not where the same is, but it gives you guidelines. Thank you.

Thank you. Okay. Hearing no more from the board, Councilman Kilmer.

i always like to address stuff people brings up the town board and there's been some sloppy work in the past but the problem is as a town board member We deal with a lot of different issues on a daily basis. It's no excuse for sloppiness. We're supposed to be able to trust the people who forward these documents for approval. And now that we know we have to actually look at every document, it's a little troublesome for me that we can't trust our department heads to actually give us proof documents, ready documents. We should scan them. become familiar with them as we did but i mean that's pretty obvious mr dacob pointed out some major typos um i'm embarrassed to say that i have passed it passed me but um i'm just saying i try i tend to trust people who sometimes so i apologize for on my part for things that have snuck by me then i'll do another um As for the plot cameras, if they are plot cameras, I would like to know what the process is to install them on our town, at least let our supervisor know, so he's not, doesn't let our police know so they can identify the town board what's going on these telephone calls it's a little bit sad to me as a councilman that we don't know what kind of surveillance would be put on the island if in fact it is surveillance we'll get the problem but um it is troublesome watch out for school buses it's school buses thank you councilwoman diehl

Okay, Councilman, they got it.

I don't have much time because I don't have much to say. Although I like to dance. None of them call the buses. School's back. School buses, kids. Fishing's no longer here. Go Bills.

Are you better, Rhonda?

I'm just going to say to the cast, god bless you okay move on so yes school school is in session um so please be careful of that mindful We are in the process of hiring a new crossing guard. The deadline did pass for submission, but if anyone knows anyone, I am scheduling interviews for this week, so we certainly will take last minute application.

Again, as everybody has said, school is back in session. Please be careful out there. The 9-11 memorial is at the BFW. I believe it's at 10 o'clock on Friday morning. Anybody that's available, you should come to it. It's a pretty good memorial honoring the 9-11 tragedy. Regarding flock cameras, I can talk a little bit about it. I will say that a couple years ago that the town of Grand Island was solicited by flock to potentially... take on some of their equipment. We sat through the presentation and looked at all the stuff, looked at all the pricing and all that stuff, and we declined. So the town never entered an agreement with Flock to either look at the cameras, any of the footage they produce, nor to put them up. We have never, ever been solicited to authorize they go anywhere on Grand Island, ever. We have never signed off on any of that. We have no jurisdictional rights to look at anything that those cameras are recording. I cannot say exactly who put the ones on West River. There are a couple in town here that I believe were installed by the county, but they are on county right-of-ways. What you're saying on West River and Staley alarms me a little bit. And also, I think you said West River and Bedell, because those are both town-owned roads. Do you white haven white haven is not white haven is a county but um i will also say that we don't own the polls and if the border patrol for example gave permission to um flock to put cameras there there's really not a whole lot we can do with it um we can send a letter of disgust or disapproval and i don't disagree with that at all but as far as that We have never given, nor we will. Will we? We will never. Correct. Understood. A couple people have called me. I basically gave them two scenarios where I would investigate looking at the plot footage. One would be an abduction, and second would be a major theft of multiple stolen vehicles or something like that. Besides that, I don't really care what they capture, and I don't really care what people say. what they do. Uh, I, it's not my business to look at it. So that's my personal two cents. That's what I know. I don't know how those got there, but I will find out if that was border patrol or if that was, um, highway or if that was national grid selling or rights to national geographic. I don't know. Um, but we'll see what, we'll see how we'll see how we got that. Okay. The drones, we can't do anything about.

Yeah.

Yeah. They're, They're all on their own. With that, a motion is in order to adjourn tonight's meeting at 8.59. Those in favor say aye. Anyone opposed? That's carried. Please rise. Tonight we'll We will observe a moment of silence in memory of Charles Carr and John DeCarlis.